II 

115TH CONGRESS 

1ST SESSION S. 1258 

To require States to report to the Attorney General certain information 

regarding use of force incidents involving law enforcement officers and 

civilians, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. BOOKER (for himself and Mr. VAN HOLLEN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To require States to report to the Attorney General certain 

information regarding use of force incidents involving 

law enforcement officers and civilians, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Police Reporting Infor5 mation, Data, and Evidence Act of 2017’’ or the ‘‘PRIDE 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) BYRNE GRANT PROGRAM.—The term 

2 ‘‘Byrne grant program’’ means any grant program 

3 under subpart 1 of part E of title I of the Omnibus 

4 Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3750 et seq.), without regard to whether the 

6 funds are characterized as being made available 

7 under the Edward Byrne Memorial State and Local 

8 Law Enforcement Assistance Programs, the Local 

9 Government Law Enforcement Block Grants Pro10 gram, the Edward Byrne Memorial Justice Assist11 ance Grant Program, or otherwise. 

12 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

13 has the meaning given the term in section 901 of 

14 title I of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3791). 

16 (3) LAW ENFORCEMENT OFFICER.—The term 

17 ‘‘law enforcement officer’’ means any officer, agent, 

18 or employee of a State, unit of local government, or 

19 Indian tribe authorized by law or by a government 

20 agency to engage in or supervise the prevention, de21 tection, or investigation of any violation of criminal 

22 law. 

23 (4) STATE.—The term ‘‘State’’ has the mean24 ing given the term in section 901 of title I of the 


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1 Omnibus Crime Control and Safe Streets Act of 

2 1968 (42 U.S.C. 3791). 

3 (5) USE OF FORCE.—The term ‘‘use of force’’ 

4 includes the use of a firearm, Taser, explosive de5 vice, chemical agent (such as pepper spray), baton, 

6 impact projectile, blunt instrument, hand, fist, foot, 

7 canine, or vehicle against an individual. 

8 SEC. 3. USE OF FORCE REPORTING. 

9 (a) REPORTING REQUIREMENTS.— 

10 (1) IN GENERAL.—Beginning in the first fiscal 

11 year beginning after the date of enactment of this 

12 Act and each fiscal year thereafter in which a State 

13 or Indian tribe receives funds under a Byrne grant 

14 program, the State or Indian tribe shall— 

15 (A) report to the Attorney General, on a 

16 quarterly basis and pursuant to guidelines es17 tablished by the Attorney General, information 

18 regarding— 

19 (i) any incident involving the shooting 

20 of a civilian by a law enforcement officer 

21 who is employed— 

22 (I) in the case of an Indian tribe, 

23 by the Indian tribe; or 


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1 (II) in the case of a State, by the 

2 State or by a unit of local government 

3 in the State; 

4 (ii) any incident involving the shooting 

5 of a law enforcement officer described in 

6 clause (i) by a civilian; and 

7 (iii) any incident in which use of force 

8 by or against a law enforcement officer de9 scribed in clause (i) occurs, which is not 

10 reported under clause (i) or (ii); 

11 (B) establish a system and a set of policies 

12 to ensure that all use of force incidents are re13 ported by law enforcement officers; and 

14 (C) submit to the Attorney General a plan 

15 for the collection of data required to be re16 ported under this section, including any modi17 fications to a previously submitted data collec18 tion plan. 

19 (2) REPORT INFORMATION REQUIRED.— 

20 (A) IN GENERAL.—The report required 

21 under paragraph (1)(A) shall contain informa22 tion that includes, at a minimum— 

23 (i) the national origin, sex, race, eth24 nicity, age, physical disability, mental dis25 ability, English language proficiency, housVerDate Sep 11 2014 02:15 Jun 02, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 ing status, and school status of each civil2 ian against whom a law enforcement offi3 cer used force; 

4 (ii) the date, time, and location, in5 cluding zip code, of the incident and 

6 whether the jurisdiction in which the inci7 dent occurred allows for the open-carry or 

8 concealed-carry of a firearm; 

9 (iii) whether the civilian was armed, 

10 and, if so, the type of weapon the civilian 

11 had; 

12 (iv) the type of force used against the 

13 officer, the civilian, or both, including the 

14 types of weapons used; 

15 (v) the reason force was used; 

16 (vi) a description of any injuries sus17 tained as a result of the incident; 

18 (vii) the number of officers involved in 

19 the incident; 

20 (viii) the number of civilians involved 

21 in the incident; and 

22 (ix) a brief description regarding the 

23 circumstances surrounding the incident, 

24 which shall include information on— 


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1 (I) the type of force used by all 

2 involved persons; 

3 (II) the legitimate police objective 

4 necessitating the use of force; 

5 (III) the resistance encountered 

6 by each law enforcement officer in7 volved in the incident; 

8 (IV) the efforts by law enforce9 ment officers to— 

10 (aa) de-escalate the situation 

11 in order to avoid the use of force; 

12 or 

13 (bb) minimize the level of 

14 force used; and 

15 (V) if applicable, the reason why 

16 efforts described in subclause (IV) 

17 were not attempted. 

18 (B) INCIDENTS REPORTED UNDER DEATH

19 IN CUSTODY REPORTING ACT.—A State is not 

20 required to include in a report under subsection 

21 (a)(1) an incident reported by the State in ac22 cordance with section 20104(a)(2) of the Vio23 lent Crime Control and Law Enforcement Act 

24 of 1994 (42 U.S.C. 13704(a)(2)). 


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1 (3) AUDIT OF USE-OF-FORCE REPORTING.—Not 

2 later than 1 year after the date of enactment of this 

3 Act, and each year thereafter, each State and Indian 

4 tribe described in paragraph (1) shall— 

5 (A) conduct an audit of the use of force in6 cident reporting system required to be estab7 lished under paragraph (1)(B); and 

8 (B) submit a report to the Attorney Gen9 eral on the audit conducted under subpara10 graph (A). 

11 (4) COMPLIANCE PROCEDURE.—Prior to sub12 mitting a report under paragraph (1)(A), the State 

13 or Indian tribe submitting such report shall compare 

14 the information compiled to be reported pursuant to 

15 clause (i) of paragraph (1)(A) to open-source data 

16 records, and shall revise such report to include any 

17 incident determined to be missing from the report 

18 based on such comparison. Failure to comply with 

19 the procedures described in the previous sentence 

20 shall be considered a failure to comply with the re21 quirements of this section. 

22 (b) INELIGIBILITY FOR FUNDS.— 

23 (1) IN GENERAL.—For any fiscal year in which 

24 a State or Indian tribe fails to comply with this sec25 tion, the State or Indian tribe, at the discretion of 


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1 the Attorney General, shall be subject to not more 

2 than a 10-percent reduction of the funds that would 

3 otherwise be allocated for that fiscal year to the 

4 State or Indian tribe under a Byrne grant program. 

5 (2) REALLOCATION.—Amounts not allocated 

6 under a Byrne grant program in accordance with 

7 paragraph (1) to a State for failure to comply with 

8 this section shall be reallocated under the Byrne 

9 grant program to States that have not failed to com10 ply with this section. 

11 (c) PUBLIC AVAILABILITY OF DATA.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, and each year 

14 thereafter, the Attorney General shall publish, and 

15 make available to the public, a report containing the 

16 data reported to the Attorney General under this 

17 section. 

18 (2) PRIVACY PROTECTIONS.—Nothing in this 

19 subsection shall be construed to supersede the re20 quirements or limitations under section 552a of title 

21 5, United States Code (commonly known as the 

22 ‘‘Privacy Act of 1974’’). 

23 (d) GUIDANCE.—Not later than 180 days after the 

24 date of enactment of this Act, the Attorney General, in 

25 coordination with the Director of the Federal Bureau of 


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1 Investigation, shall issue guidance on best practices relat2 ing to establishing standard data collection systems that 

3 capture the information required to be reported under sub4 section (a)(2), which shall include standard and consistent 

5 definitions for terms, including the term ‘‘use of force’’ 

6 which is consistent with the definition of such term in sec7 tion 2. 

8 SEC. 4. COMMUNITY AND LAW ENFORCEMENT PARTNER9 SHIP GRANT PROGRAM. 

10 (a) GRANTS AUTHORIZED.—The Attorney General 

11 may make grants to eligible law enforcement agencies to 

12 be used for the activities described in subsection (c). 

13 (b) ELIGIBILITY.—In order to be eligible to receive 

14 a grant under this section a law enforcement agency 

15 shall— 

16 (1) be located in a State or Indian tribe that 

17 receives funds under a Byrne grant program; 

18 (2) employ not more that 100 law enforcement 

19 officers; 

20 (3) demonstrate that the use of force policy for 

21 law enforcement officers employed by the law en22 forcement agency is publicly available; and 

23 (4) establish and maintain a reporting system 

24 that may be used by members of the public to report 


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1 incidents of use of force to the law enforcement 

2 agency. 

3 (c) ACTIVITIES DESCRIBED.—A grant made under 

4 this section may be used by a law enforcement agency 

5 for— 

6 (1) the cost of assisting the State or Indian 

7 tribe in which the law enforcement agency is located 

8 in complying with the reporting requirements de9 scribed in section 3; 

10 (2) the cost of establishing necessary systems 

11 required to investigate and report incidents as re12 quired under subsection (b)(4); 

13 (3) public awareness campaigns designed to 

14 gain information from the public on use of force by 

15 or against law enforcement officers, including shoot16 ings, which may include tip lines, hotlines, and pub17 lic service announcements; and 

18 (4) use of force training for law enforcement 

19 agencies and personnel, including training on de-es20 calation, implicit bias, crisis intervention techniques, 

21 and adolescent development. 

22 SEC. 5. COMPLIANCE WITH REPORTING REQUIREMENTS. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of enactment of this Act, and each year thereafter, 

25 the Attorney General shall conduct an audit and review 


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1 of the information provided under this Act to determine 

2 whether each State or Indian tribe described in section 

3 3(a)(1) is in compliance with the requirements of this Act. 

4 (b) CONSISTENCY IN DATA REPORTING.— 

5 (1) IN GENERAL.—Any data reported under 

6 this Act shall be collected and reported in a manner 

7 consistent with existing programs of the Department 

8 of Justice that collect data on law enforcement offi9 cer encounters with civilians. 

10 (2) GUIDELINES.—The Attorney General 

11 shall— 

12 (A) issue guidelines on the reporting re13 quirement under section 3; and 

14 (B) seek public comment before finalizing 

15 the guidelines required under subparagraph 

16 (A). 

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Attor19 ney General such sums as are necessary to carry out this 

20 Act. 

Æ 


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